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The Application of Regulation (EU) No 1257/2013 on ship recycling.

The EU Regulation No. 1257/2013 on ship recycling was issued on the 20th November 2013 and even though the Regulation is already in force, it will only be applicable in Cyprus not later than the 31 December 2016 when the European List of Ship Recycling Facilities (European List) is published.  Nonetheless, by virtue of Article 32, the Regulation will be applicable:

  1. from the earlier of 6 months after the date that the combined maximum annual ship recycling output of the ship recycling facilities included in the European List constitutes not less than 2,5 million light displacement tonnes (LDT); or
  2. on 31 December 2018, but not earlier than the 31 December 2016.

Moreover, Articles 2, 5(2), 13, 14, 15, 16, 25 and 26 are applicable from the 31 December 2014 whereas Article 5(2)(1) and (3) and Article 12(1) and (8) will be applicable from 31 December 2020.

The Regulation is applicable to European Member States flagged vessels of 500 gross tonnage and more, engaged in international voyages, and specific provisions of the Regulations are applicable for non-EU flagged vessels, calling at a port or anchorage of a Member State.

The Regulation provides for the prohibition and restriction of both the installation or use of Hazardous Materials (HM) on the ships as referred to in Annex I of the Regulation.  The Inventory of Hazardous Materials (IHM) will be ship specific, developed in accordance with the relevant IMO guideliness and will require the verification of compliance issued by a Recognised Organization (RO).  The IHM will consist of 3 parts, namely: materials contained in ship structure or equipment;   list of operationally generated wastes; and stores.  The first part has to be properly maintained and updated throughout the operational life of the ship while the last two parts have to be incorporated in the IHM prior to recycling.

With regard to new ships[1] the IHM has to be on board before entering into service after the the date of effective application, the latter expected to be anytime between the 1 July 2016 and 31 December 2018.  The IHM in this instance shall at least contain the identity, location and approximate quantities of the hazardous materials of the structure or equipment of the ship referred to in Annex II.

With regard to existing ships they must, as far as possible, have both an IHM onboard from 31 December 2020, identifying at least the hazardous materials under Annex I, and a plan describing the visual or sampling check by which the IHM is developed.

With regard to ships destined for recycling, an IHM is required from the date of the publication of the European List.

With regard to non-EU flagged vessels, when calling at a port or anchorage of a Member State, an IHM is required on board from the 31 December 2020.  The IHM shall be ship specific and prepared in accordance with the relevant IMO guidelines and serve to clarify compliance of the ship with Article 12(2).  The IHM shall be also supplemented by a Statement of Compliance.

All foreign flag ships calling at Cyprus ports and anchorages will be subject to Port State Control inspections aiming to ensure compliance with the provisions of the Regulation.   Any ships that fail to comply with the Regulation may be warned, detained, dismissed or excluded from the ports or offshore terminals under the jurisdiction of the Republic of Cyprus.

With regard to Cyprus flagged ships, special surveys have to be carried out by ROs authorized by the Republic of Cyprus, in consideration of the relevant IMO guidelines and resolutions.  The surveys are:  an initial survey before the ship is put in service or the inventory certificate is issued (regarding existing ships, an initial survey will be conducted on 31 December 2020); a renewal survey at intervals not exceeding five years; an additional (general or partial) survey conducted upon owner’s request following any modification or repair done affecting the IHM; and a final survey prior to the ship taken out of service and before the beginning of the recycling (regarding existing ships destined for ship recycling, the initial and final survey may be conducted concurrently).

An Inventory Certificate will be issued by the RO upon successful completion of the initial or renewal survey, supplemented by Part I of the inventory of hazardous materials.  The Inventory Certificate shall be endorsed at the request of the ship owner by the RO following a successful additional survey.  Where the initial and the final survey are conducted at the same time, only the ‘Ready for Recycling Certificate’ shall be issued.  The Inventory Certificate will be valid for a maximum five (5) years period.

A Ready for Recycling Certificate is issued prior to recycling after the successful completion of a final survey.  This Certificate has to be accompanied by the IHM and the Ship Recycling Plan which is prepared by the operator of the ship recycling facility.  The Ready for Recycling Certificate will be valid for a maximum three (3) months period (which can be extended for a single point to point voyage to the ship recycling facility) and shall cease to be valid if the condition of the ship does not correspond substantially with the particulars of the Inventory Certificate.

With regard to owners of Cyprus flag ships, they shall ensure that the ships are only recycled at ship recycling facilities that are included in the European List.

[1] Ships whose building contract, keel laid or delivery is places on or after the date of effective application, the latter expected to be anytime between the 1 July 2016 and 31 December 2018